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Employment Brief Spring 2018

Employment Brief Spring 2018 - Devonshires

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Page 1: Employment Brief Spring 2018 - Devonshires

Employment Br ief

Spr ing 2018

Page 2: Employment Brief Spring 2018 - Devonshires

3 Welcome

4 Shared Paretnal Leave & Discrimination

6 PILON

8 Disability Discrimination

10 Effective Date of Termination

12 GDPR is Here

14 Upcoming Legislation

16 Legal Updates & Seminars

In this issue

Page 3: Employment Brief Spring 2018 - Devonshires

Katie Maguire l Solicitor020 7880 [email protected]

Kirsty Thompson l Partner020 7065 [email protected]

Ronnie Tong l Partner020 7880 [email protected]

Jane Bowen l Solicitor020 7880 [email protected]

Welcome

Welcome to our latest round up of employment law and cases. In this edition we consider the important

judgment relating to shared parental leave and whether it is discriminatory to pay enhanced maternity pay

but only statutory shared parental pay. We have also considered the important changes in relation to the tax

treatment of payment in lieu of notice and the latest cases on perceived discrimination and the effective date

of termination. Finally we have also issued some practical guidance for employers on the GDPR.

If you have any questions on the matters raised in this briefing please speak to your usual contact in the

Employment & Pensions Team.

Amy Ling l Trainee Solicitor020 7880 [email protected]

3

David Malamatenios l Solicitor020 7880 [email protected]

Page 4: Employment Brief Spring 2018 - Devonshires

In two key cases, the Employment Appeal Tribunal has confirmed that it is not directly discriminatory to pay enhanced maternity pay but only statutory shared parental leave pay. However, there is a risk that such a practice could be indirectly discriminatory.

Direct Discrimination: Ali v Capita

Mr Ali’s wife suffered from post natal depression and had

been advised to return to work to deal with this. Mrs Ali

transferred the balance of her maternity leave to Mr Ali

under the statutory shared parental leave scheme. Under

Capita’s shared parental leave policy, Mr Ali was allowed to

take two weeks’ fully-paid paternity leave following the birth

of his child, followed by a number of weeks’ annual leave.

Mr Ali asked Capita for his shared parental leave pay to be

enhanced and for him to be paid the same higher rate as

a woman on maternity leave. He raised a grievance which

was rejected. When this was refused, he then issued

proceedings claiming both direct and indirect discrimination.

At first instance, the employment tribunal agreed that

he should have the same entitlement as female staff

members on maternity leave, since failure to match a

mother’s entitlement in these circumstances amounted

to unlawful direct sex discrimination. In reaching this

decision the tribunal compared Mr Ali to a woman on

maternity leave. The tribunal also rejected the argument

put forward by Capita that s.13(6)(b) of the Equality

Act 2010 (“the special protection provision” afforded

to women in connection with pregnancy or childbirth,

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Shared Parental Leave &

Discrimination

Page 5: Employment Brief Spring 2018 - Devonshires

Employment Brief

which allows more favourable treatment) could protect

an employer from a challenge to enhanced maternity pay.

Capita appealed the decision to the Employment

Appeal Tribunal (EAT) who agreed with them and

overturned the decision of the employment tribunal.

The EAT held that the tribunal should have compared

Mr Ali to a female partner of a birth mother who was

taking shared parental leave, and not to a woman taking

maternity leave. Mr Ali was unable to compare himself

to a female on maternity leave because there was a

material difference in the two types of leave. The purpose

of maternity leave and pay was to protect the health of

the mother following birth whereas shared parental leave

was purely a childcare measure. The EAT also agreed

with Capita that the special protection provision under

s.13(6)(b) of the Equality Act applied making it lawful to

afford more favourable treatment to pregnant women.

Many employers that do not duplicate maternity leave

provisions in their shared parental leave provisions will

welcome this outcome. However, it remains possible that a

policy that paying different rates for shared parental leave

and maternity leave is indirectly discriminatory. This issue

was addressed by the EAT in another recent case.

Indirect Discrimination: Hextall v Chief Constable of

Leicestershire Police

Like the above case, Hextall involved a father who was not

paid enhanced pay during a three month period of shared

parental leave. He argued a female police constable on

maternity leave would have received full pay over the period

he took shared parental leave and this was both directly

and indirectly discriminatory. The employment tribunal

dismissed both claims of direct and indirect discrimination,

following the same reasoning as above that a man taking

shared parental leave cannot compare himself to a woman

taking maternity leave.

Mr Hextall appealed to the EAT. The EAT found that the

tribunal had erred in applying a direct discrimination

comparator (as in a woman on maternity leave) to an indirect

discrimination claim. Assessing an indirect discrimination

claim involves considering whether a policy, condition,

or precedent (PCP) is a practice which has the effect of

putting those with a particular protected characteristic at a

disadvantage.

The EAT said: “It is the resultant disadvantage which must be

considered in deciding a claim of indirect discrimination……

The disadvantage in this case was that the only option for

men wishing to take leave after the birth of their child was to

take SPL at the statutory rate. However, women wishing to

take such leave had the possibility of taking maternity leave

at full pay.”

The EAT remitted the decision on the indirect discrimination

claim to a new employment tribunal to reconsider, and

examine whether the practice, if found to be discriminatory,

can be justified.

Comment

Whilst the question of whether different rates of maternity

and shared parental leave pay is direct discrimination now

appears settled, until the case of Hextall is decided there

remains uncertainty as to whether this may still be indirectly

discriminatory.

The approach of the EAT in Hextall suggests that a

successful indirect discrimination claim is now more likely

and represents a risk to employers who have different

approaches to maternity and shared parental leave pay.

However, it is worth remembering that even where a

PCP is found to put a particular group at a disadvantage,

employers can still successfully defend any claim if they are

able to show that that the policy of paying different rates is

a proportionate means of achieving a legitimate aim.

Employers therefore need to consider how any difference

can be justified. For example, an employer could argue that

the enhanced rights to full pay of a woman in maternity leave

is justifiable on the basis of preserving her health following

pregnancy and the well-being of her child. Whether or not

such an argument would succeed will depend on the facts

of the case.

5

Page 6: Employment Brief Spring 2018 - Devonshires

Payment in Lieu of Notice (PILON)

Taxation of Termination Payments.

From April this year, all payments in lieu of notice (PILON)

are now subject to tax.

This change is designed, in the words of the government,

to “simplify and tighten” the rules around the taxation of

termination payments and represents a significant change

from the previous position where different arrangements

applied depending on whether there was a PILON clause

in the employee’s contract.

Taxation of PILON The Previous Regime

Under the previous regime where there was a clause within

an employee’s contract allowing for the payment of PILON,

the PILON payment was taxed as earnings. This was

because it was a payment derived from the employment

contract.

On the other hand, where there was no PILON clause

in the contract and the employer forced a employee to

take pay in lieu of notice, then the PILON payment was

generally regarded by HMRC as damages for breach of

contract (the breach being the employee’s contractual

right to work his notice period) rather than as a true PILON

payment. Damages are given a different taxation treatment

by HMRC and are tax free up to a limit of £30,000 in any

single tax year. This meant that the PILON payment in such

cases could usually be made to the employee without the

deduction of any tax up to the limit of £30,000.

However, there were exceptions to this which could cause

confusion and uncertainty. For example, if there was a

custom and precedent on the part of the employer to

deduct tax from PILON payments even when there was

no PILON clause in the contract, then HMRC could take

6

Page 7: Employment Brief Spring 2018 - Devonshires

Employment Brief

7

the position that an implied contractual right to PILON had

arisen and that the payment was taxable regardless. This

could cause difficulties in settlement negotiations where

the employer would want to deduct tax when there was

no PILON clause whilst the employee would insist that the

payment should be made gross.

In such cases the employer would usually insist on an

indemnity from the employee in a settlement agreement. But

indemnities are unsatisfactory in many ways – the employer

would have to enforce it, if necessary through the courts,

and even then there was no guarantee that the employee

would have the resources to pay.

The New Regime

The new position is that all PILON payments will now

be subject to income tax and employee Class 1 NICs

regardless of whether or not there is an express PILON

clause in the contract.

This change essentially splits termination payments into two

elements.

The first element is known as “post-employment notice

pay” (PENP). This represents the amount of basic pay the

employee will not receive because their employment was

terminated without full or proper notice being given. This

element will be subject to income tax and employee Class

1 NICs.

The legislation sets out a complex statutory formula to

calculate the PENP, which involves carrying out calculations

to establish the employee’s basic pay, the amount of the

notice period outstanding following the termination date

and the number of days in the employee’s last pay period.

Once PENP has been calculated, any contractual PILON

payment can be deducted to give the final taxable sum.

There is not yet any HMRC guidance on how to perform the

PENP calculation. At present appears the PENP only takes

into account basic pay, and that bonus and commission

payments are not included. HMRC has promised that

further details of how and when the PENP calculation should

be applied will become available in due course.

The second element is the remaining balance of the

termination payment. The balance of the payment is tax free

up to £30,000 (provided that it is an ex gratia payment).

Any excess over £30,000 will be subject to income tax.

Employees will continue to benefit from an unlimited NIC

exemption for payments related to the termination of

employment, so the whole of the balance of the payment

will be free from Class 1 NICs.

The new rules will not apply to statutory redundancy

payments, which can still be made tax-free in their entirety.

For example:

• An employee’s employment is terminated without notice.

The employee is paid £5,000 per month basic pay, they

have a 3 month notice period and there is no PILON

clause in the contract. The employee receives £35,000

compensation on termination.

• Under the old regime, £30,000 of the payment would have

qualified for the whole tax free exemption. Income tax would

have been due on the balance of £5,000 compensation

which went over the £30,000 tax free limit.

• Under the new regime, income tax and NICs (both

employer and employee) are due on the PENP of £15,000.

The balance of £20,000 qualifies for the £30,000 exemption.

The Way Forward

Employers with no PILON clauses in their standard

contracts may now want to consider including them, as

there is no potential tax advantage in not including the

clause. Employers may also wish to consider including a

contractual PILON clause, as they will still be in breach of

contract if they pay a PILON payment where there is no

clause in the contract. Being in breach of the employee’s

contract makes it difficult to enforce other terms of the

contract, such as restrictive covenants.

Employers still have the option of insisting an employee

work their notice, or placing them on garden leave for their

notice period.

Page 8: Employment Brief Spring 2018 - Devonshires

Perceived Disability Discrimination

Disability under the Equality Act

A person is disabled for the purposes of the Equality

Act 2010 (‘the Act’) if they have a physical or mental

impairment and that impairment has a substantial and long-

term adverse effect on that person’s ability to carry out

normal day-to-day activities. This means that just having a

particular medical condition does not automatically mean

that a person is disabled as the effect on their abilities

must be considered.

However, progressive conditions do fall under the definition

of disability. These are conditions which have some

impairment or effect on a person’s day to day activities

currently and are likely to have a substantial adverse effect

in the future.

If an employer treats an employee or applicant less

favourably because of a disability, this will be in breach

of the Act. They will also be in breach should they treat

an employee less favourably because they perceive that

person to have a disability, even if that person does not

actually have a disability.

The Facts

Ms Coffey was a serving police officer with Wiltshire

Constabulary. During the medical examination required as

part of her application to become a PC, it was discovered

that she suffered from a type of hearing loss. Although

overall her hearing was found to fall below the police

National Recruitment Standards, Ms Coffey passed a

practical functionality test and worked on front-line duty in

Wiltshire with no side-effects or restrictions.

In 2013 Ms Coffey applied to transfer to Norfolk

Constabulary (‘Norfolk’). A medical assessment found

that she still had significant hearing loss in both ears

and was just outside the standards for recruitment, but

recommended that as she had been undertaking an

operational police role with no issues that an at-work test

should be conducted. The decision maker for Norfolk, an

ACI Hooper, rejected the recommendation for a practical

test and declined Ms Coffey’s application on the basis that

her hearing was below the medical standard.

Ms Coffey brought a claim against Norfolk for direct

discrimination on the grounds of perceived disability, i.e

that another applicant for transfer who had the same

abilities as Ms Coffey but was not perceived as disabled

would have been treated differently.

Tribunal Decision

At first instance, the tribunal found that ACI Hooper had

directly discriminated against Ms Coffey in refusing her

application to transfer on the basis she was perceived to

have a disability. Ms Coffey’s transfer had been refused

on the basis of assumptions as to the effect Ms Coffey’s

condition would have on her, including that she would

The case of The Chief Constable of Norfolk v Coffey is an important reminder that an

individual does not always have to have a particular protected characteristic in order to

be discriminated against on the basis of that characteristic. In the first case of this kind,

a police officer was found to have been discriminated against because of a perceived

rather than actual disability.

8

Page 9: Employment Brief Spring 2018 - Devonshires

Employment Brief

become an officer only capable of restricted duties, rather

than on an assessment of her actual abilities. Norfolk

appealed this finding to the Employment Appeals Tribunal

(‘EAT’).

Decision on Appeal

On appeal, Norfolk argued that the tribunal had considered

that ACI Hooper had perceived Ms Coffey would potentially

become disabled in the future and this was not the correct

test to apply. ACI Hooper had not perceived Ms Coffey’s

hearing loss to have a substantial and adverse effect on

her day to day duties so did not perceive her as disabled.

Ms Coffey simply did not meet the standards on hearing for

recruitment.

However, the EAT disagreed. Although the tribunal at

first instance had not explicitly referred to progressive

conditions, it was clear that ACI Hooper had perceived Ms

Coffey to have a condition which was likely to progress with

time to the point where she would be on restricted duties

not merely that she might potentially develop a disability in

the future. As progressive conditions fall under the definition

of disability, ACI Hooper had directly discriminated against

Ms Coffey on the grounds of perceived disability.

Comment

The above is the first case to come to the EAT regarding

perceived disability discrimination under the Act. As it

demonstrates, employers should ensure decisions affecting

an employee or applicant are based on an individual

assessment of their abilities and not any stereotypical

assumptions about what the implications of a particular

medical condition may be. Any guidance or recruitment

standards should reflect this.

It is also advisable for medical evidence to be obtained

where possible to inform decisions about recruitment where

an applicant has a condition which may affect their ability to

perform the duties of the role, as one of the key flaws in the

decision making in this case was that the decision was not

based on the findings of a functionality test, particularly when

this had been recommended by medical professionals.

Further, where a job applicant does have a condition which

is likely to prevent them from fulfilling the duties of that role

in future, employers should first consider if it is possible

for that employee to still serve in that role for a reasonable

amount of time.

9

Page 10: Employment Brief Spring 2018 - Devonshires

Effective Date of Termination:

Cosmeceuticals Limited v Parkin

When does a dismissal occur?

Under the Employment Rights Act 1996, an employee will

be dismissed if their contract is terminated by the employer,

with or without notice.

In assessing whether a dismissal has occurred, the

tribunal will consider whether the employee’s contract has

been withdrawn or removed from them and whether this

has been communicated to the employee. For example,

removing an employee from the payroll, issuing a P45 or

ending the current post in order to offer a new position

have all been found to amount to dismissals.

Although the employer’s conduct or words in terminating

the contract does not have to be completely unambiguous,

the tribunal will take into account whether an objective

observer would consider the employee had been

dismissed.

The Effective Date of Termination

If an employee was dismissed with notice, then the

effective date of termination (EDT) will be the date on which

the notice expires (as long as this notice is at least the

statutory minimum).

However, if an employee is dismissed without notice, then

the EDT will be the date on which the termination takes

effect, i.e the date that the employee is informed they are

dismissed. This is the case even if dismissal without notice

is in breach of the employment contract.

The EDT is important as it is used to calculated a Claimant’s

period of continuous employment and to determine

the date from which limitation will run in cases of unfair

dismissal.

As the EDT is a statutory concept, it is not open to parties

The Employment Appeal Tribunal has confirmed that the effective date of termination of

an employee who is summarily dismissed and then given notice will be the date of the

summary dismissal and not when the notice expires.

10

Page 11: Employment Brief Spring 2018 - Devonshires

Employment Brief

11

to agree that an alternative date applies. This was the case

in Cosmeceuticals v Parkin, where a re-assessment of the

EDT by the tribunal from meant that the Claimant’s claim for

unfair dismissal had in fact been brought out of time.

Background

Ms Parkin was employed by Cosmeceuticals Limited,

a manufacturer and distributor of skincare and makeup

products, as a Managing Director from June 2009.

Following a period of poor performance, Ms Parkin agreed

to go on a 2 month sabbatical to attend to some personal

issues. During her absence, the company became further

concerned about her performance and on her return to

work on 1 September 2015 the company’s Chairman, Mr

Sullivan, raised these performance concerns and told Ms

Parkin she could not return to her role.

Ms Parkin was then placed on garden leave and on 29

September 2015 Mr Sullivan wrote to Ms Parkin “for clarity”

giving her notice of the termination of her employment. The

notice expired on 23 October 2015.

Ms Parkin then brought a claim for unfair dismissal in the

employment tribunal.

At first instance, the tribunal found Ms Parkin’s dismissal

had been unfair. Although there was a genuine belief that

she had been unable to perform her role at the required

level, she had not been given the opportunity to put forward

her case as to the performance issues in question nor

advised that poor performance could lead to her dismissal.

Although the tribunal found Ms Parkin had been dismissed

on 1st September 2015, it found the EDT was the 23rd

October 2015.

Cosmeceuticals appealed to the Employment Appeals

Tribunal (EAT) on the basis that the tribunal had committed

an error in law in finding the dismissal took place on 1st

September but the EDT fell on the later date.

Decision at the EAT

In response to her former employer’s appeal, Ms Parkin

pointed to the fact that it had previously been agreed

between the parties that the EDT was 23rd October. She

argued Mr Sullivan had merely made the decision to dismiss

on 1st September and there had been no finding that this

had actually been communicated to her in the meeting on

that date.

However, the EAT disagreed. Ms Parkin had been dismissed

on 1st September as this was when her employer made

clear to her that her existing contract of employment had

ended, notwithstanding the later serving of notice upon her.

It was therefore not open for the tribunal to decide the EDT

was a later date than this.

Importance of getting the EDT right

The EAT’s decision is important because Ms Parkin had

served her claim less than 3 months after 23rd October

2015 but more than 3 months from 1st September

2015, meaning that the tribunal changing the EDT to 1st

September meant her claim was out of time.

This demonstrates how what can seem like an otherwise

quite technical point can have significant implications. If the

Respondent had determined the EDT was 1st September

upon receipt of the claim they could have potentially avoided

a full merits hearing by arguing at the preliminary stage the

tribunal had no jurisdiction to hear Ms Parkin’s claims on

the basis they were out of time. For Ms Parkin’s claim to

now be considered, she will need to explain why it was not

reasonable or practical for her to have brought her claim in

time.

As this case demonstrates, it is essential that employers

handle any termination of employment carefully and that

clear records are kept of any meetings in the run up to

dismissal so that the EDT can be accurately calculated.

Page 12: Employment Brief Spring 2018 - Devonshires

GDPR is here

Data Protection and Retention Policies

The GDPR makes wide ranging changes to the basic data

principles and the rights of individuals in relation to data. The

Data Protection Act 2018, also brought into law on 25 May,

sits alongside and expands on some areas of the GDPR.

This means that data protection policies written to comply

with the Data Protection Act 1998 will need to be updated.

For example, any internal data protection policies will need

to replace reference to the principles under the 1998 Act

with the principles under the GDPR and should cover the

bases on which the organisation will process personal and

sensitive information.

Additionally, any internal data protection policy should cover

how the employer will deal with criminal records information

relating to staff, the obligations on employees to comply

with the policy and consequences for failing to do so, and

who employees should contact if they wish to exercise

any of their rights or to report a data protection breach.

On 25 May 2018 the much awaited GDPR came into force. This piece of EU legislation

will have a significant impact on the requirements employers must fulfil in order to

lawfully collect and process personal data about their employees.

It’s therefore important that employers are not only aware of the changes and new rights

for data subjects, but put in place key documents required to demonstrate compliance.

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Employment Brief

13

It is also important that, either within the data protection

policy or as a stand-alone document employers have a

clear retention schedule relating to the documents they

process. For each document processed, this schedule

should specify either how long this document will be kept for

or what test will be applied to calculate when the document

is no longer needed and can be destroyed. For example,

many employment related documents can be destroyed 6

years after the employment has terminated, as this is the

limitation period for any contract based claims in the county

court.

Privacy Notices

Many organisations will be familiar with using privacy or

‘fair processing’ notices for customers, which informs them

what data will be collected and how this will be processed.

In order to comply with the requirements under the GDPR

that employers process data fairly and transparently all

current and prospective employees should now also be

issued with privacy notices.

These notices should set out:

• what data is collected and why;

• how the data will be collected;

• how the data will be used;

• who the data may be shared with;

• how long the data will be kept for;

• where the data will be held; and,

• whether the data will be transferred outside the EEA.

Information collected is likely to include names and contact

details of the employee, their emergency contacts, their

bank account details, information about grievances involving

or about the employee, and sickness/absence records. It’s

important that each type of data and reason for processing

is listed as it won’t be possible to use “catch all” clauses to

cover anything that the privacy notice doesn’t explicitly list.

For prospective employees, privacy notices can be

included with the standard information pack whilst existing

employees can be signposted to an accessible copy of the

notice, such as on the organisation’s intranet.

Agreements with Third Parties

There are many circumstances in which personal data of

employees may be shared with third parties, such as payroll

or pension providers. Under the GDPR, data controllers

must have a written contract with third parties they share

data with under which the third party gives guarantees that

they will act in accordance with the GDPR.

Agreements with third parties should therefore specify:

• the third party will only process the data provided on the

employer’s written instructions;

• employees of the third party and other persons who will

process the data have a duty of confidentiality;

• the third party will assist the employer in dealing with subject

access requests and circumstances in which individuals

exercise their rights (such as the right of rectification);

• the third party will notify the employer of any data breach;

• the third party will delete or return all personal data at

the end of the contract, and submit to any audits and

inspections as requested by the employer; and,

• sub-processors may only be engaged by the third party

with the employer’s consent.

Where contracts with third party processors currently

do not cover the above, then you may wish to consider

varying these agreements or entering into an additional

data processing agreement. In future it is likely that industry

standards or kite marks will develop to assist in identifying

suppliers which are compliant with these requirements.

If you would like any assistance in reviewing or preparing

any of the documents mentioned above to comply with the

GDPR, please contact your usual contact in the Employment

and Pensions team.

Page 14: Employment Brief Spring 2018 - Devonshires

14

Upcoming LegislationUpcoming Legislation

Summary Legislation Date due to come into force

Details

National Minimum

Wage

National Minimun (Amendment) Regulations 2018

1 April 2018 Increases to the rate of national minimum wage. Rates are now as follows:• National living wage is £7.83• Standard adult rate is £7.38• Development rate is £5.90• Young workers rate is £4.20• Apprentice rate is £3.70

Damages for Injury to

Feelings

6 April 2018 The Vento bands for awards to injuries to feelings have been uprated in line with the Retail Price Index. From 6 April 2018 the following bands will apply:• Lower band of £900 to £8,600• Middle band of £8,600 to £25,700• Upper band of £25,700 to £42,900

Taxation of PILON payments

6 April 2018 All payments in lieu of notice are to be treated as earnings subject to tax and class 1 NICs. The tax exemption for injury does not apply to injury for feelings.

Pensions Auto-enrolment

6 April 2018 The employer minimum contribution has risen to 2% and the total minimum contribution has risen to 5%. Employees must contribute at least 3%.

Statutory Maternity and Aportion Pay, Statutory Sick Pay

6 April 2018 The rates for statutory maternity, paternity, adoption and shared parental pay have been increased. The weekly rate is now £145.18 Statutory Sick Pay has increased to £92.05 per week.

Compensation in the Employment Tribunal

6 April 2018 The compensation limits and minimum awards payable to a Claimant have been increased:• The maximum compensatory award for unfair dismissal is £83,682• A week’s pay to calculate statutory redundancy payments and the basic award for unfair dismissal is £508The new rates will apply where the ‘appropriate date’ for a claim is on or after 6 April 2018.

Employment Allowance

April 2018 Employers cannot claim employment allowance for one year if they receive a civil penalty for employing an illegal worker.

Page 15: Employment Brief Spring 2018 - Devonshires

15

Summary Legislation Date due to come into force

Details

Taylor Review May 2018 Following the findings of the Taylor review, the government launched a number of consultations into worker’s rights, including treatment of agency workers. The consultation closed on 9 May 2018.

Data Protection General Data Protection Regulation 25 May 2018 Significant new piece of EU legislation governing data protection. There will be a range of changes to how employers process personal and sensitive personal data, and additional requirements to demonstrate compliance.

Data Protection Data Protection Act 2018 2018 Replaces the Data Protection Act 1998 to provide a legal framework for data protection which supplements the GDPR. Provides some additional grounds under which data can be processed in addition to those under the GPDR.

Gender Pay Gap- Enforcement

June 2018 The EHRC will commence investigations into those employers who failed to publish their gender pay gap report in April 2018.

Trade Secrets Trade Secrets Directive 2016/943 June 2018 New rules on the protection against unlawful acquisition, disclosure and use of trade secrets for all EU members.

Parental Bereavement Leave

8 June 2018 A consultation into parental bereavement leave and pay was launched on 28 March 2018, seeking views on who should be entitled to take the leave, how the leave should be taken and what evidence must be provided. The consultation closes on 8 June.

Childcare Vouchers 5 October 2018 Employer backed Childcare Voucher schemes will close to new applicants. Eligible employees will be able to take advantage of the Tax-Free Childcare government backed scheme. The scheme was originally due to close on 6 April 2018 but the deadline has been extended.

Itemised Pay Slips Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No 2) Order 2018

Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) Order 2018

6 April 2019 All workers will have a right to an itemised pay statement and to enforce that right in the employment tribunal. The payslips must show the number of hours paid for where a worker is paid on an hourly rate basis.

Taxation of Termination Payments

6 April 2019 All termination payments above £30,000 will be subject to class 1A NICs (employer liability only).

Page 16: Employment Brief Spring 2018 - Devonshires

Legal updates and seminars

Edited by: Nick Billingham Head Office: 30 Finsbury Circus, London EC2M 7DT Further copies: Marketing Department on t: 020 7628 7576, or email [email protected] or via our website at www.devonshires.com

Devonshires has taken all reasonable precautions to ensure that information contained in this document is materially accurate however this

document is not intended to be legally comprehensive and therefore no action should be taken on matters covered in this document without

taking full legal advice.

30 Finsbury Circus, London EC2M 7DT Further copies: Marketing Department on t: 020 7628 7576, or email [email protected] or via our website at www.devonshires.com

Devonshires Solicitors has taken all reasonable precautions to ensure that information contained in this document is materially accurate however

this document is not intended to be legally comprehensive and therefore no action should be taken on matters covered in this document without

taking full legal advice.

Devonshires Solicitors produce a wide range of briefings and legal updates for clients as well as running comprehensive seminar programmes.

If you would like to receive legal updates and seminar invitations please visit our website on the link below.

http://www.devonshires.com/join-mailing-list

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Alex WyattSolicitor

[email protected] 7880 4394

Employment Brief

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30 Finsbury Circus, London EC2M 7DT t: 020 7628 7576 f: 0870 608 9390www.devonshires.com